GURBAX SINGH ALIAS KUKU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a petition under Section 438 Cr.P.C. for bail in case FIR No. 247 dated 13.11.2000 registered at police station Dharamkot, Distt Ferozepur, under Sections 302, 307, 148, 149, 120-B IPC and Sections 25/27/54/59 of the Arms Act.

(2.) THE case against the petitioner was registered on the statement of Des Raj Mukhija. The FIR reads as under :-

(3.) ON the other hand Shri Rajan Gupta, learned counsel appearing for the CBI submitted that this case has a long history and the crime has been committed in connivance with the Punjab police. He submitted that the police has created false documents to help the petitioner. He submitted that when the investigation was not being properly conducted by the Punjab police then Smt. Parkash Kaur Mukhija wife of the deceased moved a petition in this Court and this Court vide order dated 22.2.2001 directed the CBI to hold investigation. He submitted that during the investigation, it has been found that the rojnamcha of police station Sadar Ludhiana has been tampered with. He pointed out that in the police lock up there was one person by the name of Sanjeev Kumar who was detained under Section 302 IPC and DDR No. 1 also depict the same. There was no other person detained by the police but subsequently name of Gurbux Singh has been incorporated in DDR No. 1 showing him to be in custody under Excise Act. He further pointed out that the Punjab police has even forgotten to see in hurry that the offence under which Gurbux Singh has been detained is bailable one. He further pointed out that DDR Nos. 1 and 15 have been fabricated with an intention of screening offender Gurbux Singh from legal punishment. He submitted that as per the police when the petitioner was detained he was taken to the civil hospital for medical examination at 12.15 P.M. but there is no entry in the rojnamcha to the effect that petitioner was taken for medical examination. He submitted that as per rules if any person who is in custody need to be taken to the hospital or somewhere else then there must be an entry in the rojnamcha.